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집행유예
(영문) 서울북부지방법원 2016.4.20.선고 2015고단4732 판결
장물취득
Cases

2015 Highest 4732 Acquisition of stolens

Defendant

A person shall be appointed.

Prosecutor

○○ (Lawsuits) and ○○ (Public Trial)

Defense Counsel

Law Firm ○○

Attorney in charge, OO, OO, O, OO,O, or OO

Imposition of Judgment

April 20, 2016

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The defendant shall be ordered to provide community service for 40 hours.

Reasons

Punishment of the crime

On January 2015, the Defendant introduced ○○○○○, which carried out a cell phone from ○○○○ to China, and sent a signal to the effect that the vehicle is shakingsnating the vehicle into upper and lower and the stolen or lost mobile phone from the road on the road to buy the cell phone from ○○○○ and sell it to OO.

Around April 30, 2015: (a) the Defendant driven the Defendant’s ○○○○○○○○○○○○○○○○○○ from 00 to 03:0, and returned to the Seoul Southern-gu and Gangnam-gu Seoul. The Defendant knowingly purchased the Defendant’s OOOSOOO KRW 800,000 in the market price owned by the Defendant’s ○○○○○○○ from ’strings’ to 17 May 2015, the Defendant knowingly acquired the Defendant’s 38 mobile phone market price of the stolen or lost mobile phone, such as the list of crimes, in total, KRW 30,40,00,00, as described in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police on ○○○;

1. The content of the investigation report (faokao Stockholm dialogue) and the Kakao Stockholm dialogue;

1. Investigation report (the text records of ○○○○○○○○○○○○), details of deposits made to the subject ○○○○○○○○○○, and details of transactions;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 362(1) of the Criminal Act, Selection of Imprisonment

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Social service order;

Article 62-2 of the Criminal Act

1. The grounds for sentencing: Imprisonment with prison labor for a period of one month to ten years;

2. Scope of recommended sentences according to the sentencing criteria;

[Scope of Recommendation Form 1 (Liets for General Goods) In the area of increase (one year to three years)

【Special Persons under the Organization of the Criminal Act】 The case where the crime was committed systematically

3. The fact that the amount of damage caused by the determination of the sentence is not significant, and that the person committed the crime systematically is disadvantageous. On the other hand, the fact that there is no record of having committed the same kind of crime, there is no record of punishment heavier than a fine, and the fact that it is against the depth of the sentence is more favorable. The above circumstances, taking into account the defendant’s age, character and conduct, and environment, determine

Judges

Judges Kim Jong-ok

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